Apple v. Microsoft
Citation Apple Computer, Inc. v. Microsoft Corp., 709 F.Supp. 925, 10 U.S.P.Q.2d (BNA) 1677 (N.D. Cal. 1989) (full-text); 779 F.Supp. 133, 20 U.S.P.Q.2d (BNA) 1236 (N.D. Cal. 1991) (full-text); 799 F.Supp. 1006 (N.D. Cal. 1992), aff'd, 35 F.3d 1435, 32 U.S.P.Q.2d (BNA) 1086 (9th Cir. 1994) (full-text), cert. denied, 513 U.S. 1184 (1995). Factual Background On March 17, 1988, Apple Computer, Inc. filed suit in the federal district court in San Jose against Microsoft Corporation and Hewlett-Packard Company. Apple claimed that version 2.03 of Microsoft's Window's operating environment computer software and H-P's New Wave desktop computer software which operates with Windows, both infringed the audiovisual copyrights in Apple's Macintosh visual displays and images. Since its introduction in the Apple Lisa personal computer in 1983, the Macintosh "desktop metaphor" had become a hallmark of Apple's approach to personal computers. The desktop metaphor embodied in the Macintosh personal computer built on the work originally developed by Xerox in its "Xerox Star" personal computer. Xerox never successfully marketed the Star, and Xerox had exited the hardware side of the personal computer marketplace. Apple had been quite successful with the Macintosh. It has also been successful in having the Copyright Office register the Macintosh desktop and application software visual displays as audiovisual works and the Macintosh program code as literary works. The registration certificates attached to the complaint showed that Apple attempted to register all aspects of authorship embodied in the Macintosh computer programs including their audiovisual displays. Apple's case against Microsoft and HP claimed infringement of its graphic user interface. District Court Proceedings In an early decision, the district court found that certain screen displays were licensed by Apple to Microsoft under the terms of a written non-exclusive "license to use these derivative works in present and future software programs." This license agreement was the subject of some intense license negotiations between Apple and Microsoft at a time when Apple was in need of additional software applications from Microsoft.The negotiations are described by John Sculley in his autobiography entitled Odyssey. In the litigation, Microsoft acknowledged that certain visual displays in its Windows operating environment were licensed from Apple and "are work]s of the visual displays generated by Apple's Lisa and Macintosh graphic user interface programs."709 F. Supp. at 927. Upon the court's finding that the license agreement extended beyond a single version of Windows, a large number of screen displays and elements contained therein which might otherwise have been the subject of the copyright infringement action were removed from the controversy by summary judgment in Microsoft's favor with regard to the licensing issue. Notwithstanding the adverse determination on the license issue, Apple submitted a list of 189 alleged similarities in categories such as: # design and appearance of application windows; # design and appearance of dialog boxes; # menu design and appearance; # design and appearance of individual applications; # icon design, appearance, and manipulation; and # arrangement and manipulation of application windows. In discussing the problem of determining idea and expression, the court noted the "metaphysical line drawing between idea and expression by which courts rationalize their decisions."779 F. Supp. 133, 135 (N.D. Cal. 1991). Further, the court initially accepted Apple's argument in favor of the overall "look and feel" protection for the Macintosh user interface: Upon reconsideration, the district court ultimately rejected Apple's approach and instead stated: References Category:Copyright Category:Software Category:Case Category:Case-U.S.-Federal Category:Case-U.S.-Copyright